IN THE CASE OF:
BOARD DATE: 8 November 2012
DOCKET NUMBER: AR20120008577
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his records to show he served as an English to Spanish translator of military training manuals while serving at Fort Jackson, SC.
2. The applicant states he believes the objective of the translations was to train Cuban exiles, many of them veterans of the Bay of Pigs, for a second shot at deposing the communist regime in Cuba. He contends that by translating the training manuals, he facilitated the training of the Cuban exiles. He was proud of that assignment and he thinks he deserves credit for the work he did. He adds that he recalls asking a captain for a recommendation as to the nature and quality of his work as a translator, but his request was not acted upon due to confidentiality issues.
3. The applicant provides copies of his travel orders, last will and testament, and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 29 January 1962 and he was awarded military occupational specialty 716.1668 (Personnel Specialist) upon completion of initial entry training.
3. Section 4 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he was reassigned to Fort Jackson, SC, after completion of initial entry training.
4. Headquarters, Fort Jackson, SC, Letter Orders Number 10-138, dated 26 October 1962, directed his reassignment in a temporary duty status to the 101st Airborne Division, Fort Campbell, KY, with a reporting date of 26 October 1962.
5. Section 4 of his DA Form 24 also shows he returned to Fort Jackson, SC, on 5 December 1962 and was subsequently reassigned to Europe where he served until he was honorably released from active duty on 18 November 1964.
6. The principal duty section in item 33 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) does not show he performed duties as a translator.
7. There is no evidence in his military records such as awards certificates, certificates of achievement, letters of commendation, and/or evaluation reports that show he performed duties as a translator.
8. Army Regulation 635-5 (Separations Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
9. Army Regulation 635-5 does not provide for recording temporary or special duties on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his records should be corrected to show his service as a translator has been carefully reviewed.
2. While his contention is not in doubt, there is no evidence in his available military records and he provided none that shows he performed duties as a translator. Additionally, even if there were documentary evidence to support his claim, there is no regulatory guidance that provides for recording temporary or special duties on the DD Form 214.
3. Based on the foregoing, there is no basis to grant the requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_____________X___________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20120008577
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120008577
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100018600
The applicant requests correction of his 18 October 1965 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show in items: * 3a (Grade, Rate or Rank) and 3b (Date of Rank) he was promoted to specialist four (SP4)/E-4 * 10a (Highest Civilian Education Level Attained) he completed general equivalency development (GED) courses at Fort Eustis, VA * 12 (Last Duty Assignment and Major Command) his last duty assignment was the 1099th Transportation Company * 13b...
ARMY | BCMR | CY2008 | 20080011564
On 8 August 2003, the U.S. Army Reserve Personnel Command (now known as USAHRC - St. Louis), published Orders P08-386748 directing the applicant's retirement and placement on the Retired List of the Army of the United States (AUS) in his retired grade of LTC effective 8 September 2003. On 30 September 2004, USAHRC published Orders M-09-405672 ordering the applicant to active duty in a retired status in support of Operation Enduring Freedom for a period of 365 days beginning on 26 October...
ARMY | BCMR | CY2010 | 20100010308
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 29 April 2009 (hereafter referred to as his DD Form 214 in question) to show the date he entered active duty this period (item 12a) as 29 February 2008 instead of 1 March 2009. He also requests the following changes to his DD Form 214: * item 12c (Net Active Service this Period) to show "01 02 00" * item 18 (Remarks) to show the dates he was ordered to active...
ARMY | BCMR | CY2014 | 20140001023
On 9 May 2007, Headquarters, U.S. Army Training Center, Fort Jackson, SC, published Orders 129-111 deploying him to Iraq with a proceed date of 9 June 2007, a report date of 24 June 2007, and assignment to the MNF-I. At the time he tested in the foreign language, Army Regulation 611-6 (Army Language Program), dated 16 February 1996, and Military Personnel Message (MILPER) Number 04-185 (Foreign Language Proficiency Pay (FLPP)), dated 24 June 2004, were the regulatory guidance which...
ARMY | BCMR | CY2011 | 20110017006
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his active duty training in 1975 and 1976. The applicant provides copies of his: * DD Form 4 (Enlistment Contract - Armed Forces of the United States), dated 2 February 1971 * DD Form 214 for the period ending 10 August 1971 * DA Form 20 * Letter Orders Number 05-295, Headquarters, First U.S. Army, Fort Meade, MD, dated 21 May 1974 * Orders 20-202, issued by the...
ARMY | BCMR | CY2014 | 20140007747
Application for correction of military records (with supporting documents provided, if any). He completed basic combat and advanced individual training and he was awarded MOS 94B (Cook) on or about 27 November 1970. With respect to the rank/grade, the evidence of records shows the applicant was convicted by a special court-martial on 6 September 1973.
ARMY | BCMR | CY2011 | 20110001350
IN THE CASE OF: BOARD DATE: 19 July 2011 DOCKET NUMBER: AR20110001350 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). The applicant's DA Form 24 (Service Record) for the period 26 May 1961 through 24 January 1964 shows he served in Korea from 12 July 1961 through 11 September 1962 in section 5 (Service Outside the Continental United States).
ARMY | BCMR | CY2013 | 20130018209
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected show: * his rank as sergeant (SGT) * he was assigned as a Drill Instructor and awarded the associated military occupational specialty (MOS) 2. Item 38 (Record of Assignments) of his DA Form 20 includes an entry showing he was assigned to HHD, 2nd Battalion, 1st Brigade, Fort Jackson, SC, in duty MOS 00F4O Drill Sergeant, effective 3 August 1970. The applicants...
ARMY | BCMR | CY2008 | 20080006871
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that his separation document (DD Form 214) be corrected to show he served during the Cuban Missile Crisis. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
ARMY | BCMR | CY2012 | 20120004687
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his records to show his service at Fort Chaffee, AR, from May to June 1980 and award of the Humanitarian Service Medal. _______ _ __X_____ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.